5.  The applicant, Mr Zbigniew Grzywaczewski, is a Polish national who was born in 1957. He suffers from insulin-dependent diabetes, prostate cancer and mild cardiac disorders. He has been classified by the social security authorities as a person with a “mild-degree disability” (umiarkowany stopień inwalidztwa) making him fit to do only light physical work.
6.  On 25 January 2006 the applicant turned himself in to serve an outstanding sentence of imprisonment. From that day until 11 December 2008 he was in detention, except for the period from 24 to 27 December 2007 when he was at liberty on a short leave from prison (przepustka). During the relevant period the applicant was detained in a number of different facilities, namely Lublin Remand Centre, Zamość Prison and Hrubieszów and Rzeszów Prisons.
7.  The parties’ statements relating to the conditions of the applicant’s detention are, to a large extent, contradictory. However, the Government’s submissions on the case are limited to the applicant’s detention prior to his transfer from Zamość Prison on 6 February 2007. The Government did not make any comments in relation to the period after that date.
8.  From 25 January until 3 March 2006 the applicant was detained in Lublin Remand Centre. He was initially held in cell no. 22 in wing IV. Two weeks later he was transferred to cell no. 22 in wing III.
9.  The official statistics published by the Prison Service (Służba Więzienna) reveal that at the relevant time the overcrowding (the degree by which the number of prisoners exceeds the maximum allowed capacity of a particular detention facility, which, in turn, is calculated on the basis of the standard of 3 square metres (m²) of cell floor space per prisoner provided for in Polish law) in Lublin Remand Centre peaked at 22.5 %.
(b)  Facts in dispute
(i)  The Government
10.  The Government submitted that the applicant’s cell in wing IV measured 32 m² and could hold from 18 to 29 persons (from 1.7 to 1.1 m² of cell space per person). His cell in wing III measured over 21 m² and could hold from 7 to 10 people (from 3 to 2.1 m² of cell space per person). The Government did not specify, however, the actual occupancy rate because, as they submitted, Lublin Remand Centre had not kept any register of detainees’ allocation.
11.  The Government submitted that the applicant’s cells in Lublin Remand Centre had been equipped in compliance with the internal regulations and had been adequately lit and ventilated. They also noted that the applicant had had an unlimited access to cold water and that he had been allowed to have one hot shower per week. The toilet annex inside each cell offered sufficient intimacy. Finally, the applicant was allowed to spend several hours outside his cell, either participating in social and cultural activities or staying in a chapel.
(ii)  The applicant
12.  The applicant submitted that cell no. 22 in wing IV had originally been designed for 14 persons but, in fact, it had been shared by 28 prisoners (1.1 m² of cell space per person). His cell in wing III measured 15 m² and was shared by 10 persons (1.5 m² of cell space per person).
13.  The applicant claimed that Lublin Remand Centre had been so severely overcrowded that he had had no room to sleep or to have his meals. For example, in cell 22 in wing IV there were 18 beds and an unspecified number of mattresses spread on the floor. There was no private space. Consequently, the applicant had no choice but to administer his insulin injections in front of his fellow inmates. The applicant had limited access to the toilet inside the cell because it was continuously occupied by other cellmates. The cells were not ventilated and there was a constant foul odour. The conditions of hygiene maintenance were insufficient. The applicant did not specify how many times per week he could have a bath or a shower. He submitted, however, that the shower-room had measured 12 m² and that it had been used by 20 persons at a time. Detainees were allowed to stay there for no longer than five minutes. There was no hot water. The applicant maintained that in Lublin Remand Centre he had been entitled only to a one‑hour period of outdoor exercise.
14.  In the applicant’s submission the conditions in Lublin Remand Centre as described above, had been aggravated by the fact that he had been mocked and laughed at by the guards, while his complaints to the remand centre’s administration had been ignored or had not brought the desired effect.
15.  From 8 August 2006 until 6 February 2007 the applicant was detained in Zamość Prison which is listed as a semi-open detention facility.
16.  According to the official statistics published by the Prison Service the overcrowding in Zamość Prison was at the lowest at 30% in August and September 2006, increased to 38 and 39% in November and December 2006 respectively, peaked at 45% in January 2007 and dropped to 38% in February 2007.
(b)  Facts in dispute
(i)  The Government
17.  The Government submitted that the applicant had been consecutively detained in cells no. 11, 5, 22 and 15. The first two cells measured over 30 m² and were shared by 12 to 14 persons (from 2.5 to 2.1 m² of cell space per person). Cell no. 22 was located in the special-care wing. It measured over 12 m² and was occupied by 4 prisoners (3 m² of cell space per person). Cell no. 15 was in the prison’s hospital wing. It measured over 14 m² and was occupied by 3 persons (4.6 m² of cell space per person). In the Government’s submission, the cells in question were sufficiently lit and ventilated. They were adequately furnished and equipped. The toilets and shower rooms were accessible from the corridor.
18.  The Government also submitted that Zamość Prison offered to all prisoners a wide variety of social and sports activities, as well as language courses and workshops. The applicant followed individual rehabilitation programme for alcoholics and, together with his wife, a family therapy.
(ii)  The applicant
19.  The applicant did not provide any details regarding the occupancy rate or the size of his cells in Zamość Prison. He submitted, however, that all his cells, except cell no. 15, had been overcrowded. He also claimed that on 2 February 2007 a mentally unstable prisoner had been assigned to his cell. That had caused a lot of stress to the applicant and posed a real danger to his life and health.
20.  The applicant noted that during the day the prisoners in Zamość Prison had been free to walk around the prison building. They had also had daily access to the prison shop and the shower room. The applicant’s meetings with his wife took place in a spacious room.
21.  From 6 February 2007 until 3 January 2008 the applicant was detained in Hrubieszów Prison. From 24 until 27 December 2007, however, he was at liberty as he had been granted a short leave from prison.
22.  Hrubieszów Prison was listed at the relevant time as a semi-open detention facility suitable for incarceration of diabetics.
23.  According to the official Prison Service’s statistics the overcrowding in Hrubieszów Prison ranged at the relevant time from 23 to 27%.
24.  The applicant submitted that he was initially placed in cell no. 203 in wing II. The cell in question measured 13 m² and was shared by 6 prisoners, including the applicant (2.1 m² of cell space per person).
25.  On 21 March 2007 the applicant was assigned to cell no. 110 or 111 in wing I. That cell also measured 13 m². It was shared by 6 prisoners, including the applicant, another diabetic and four healthy persons (2.1 m² of cell space per person). The applicant submitted detailed calculations of the size of all equipment and furniture inside his cell and concluded that the actual living space of his cell was no more than 5 m².
26.  In the applicant’s submission the living and sanitary conditions in Hrubieszów Prison were appalling. The prison was seriously overcrowded and the building was devastated. The applicant claimed that, during an unspecified period, prisoners had been confined to their cells 23 hours per day. Subsequently, as of April 2007, the prison cells were left open from 10 a.m. until noon and then, from 2 to 5 p.m. However, on 5 November 2007 renovation works started in prison and the cells were opened only from 3 to 5 p.m. The prisoners were allowed to walk around the prison building and stay outside their cells; however, the corridors and the room where prisoners met with their relatives were cramped and noisy. Because of the existing overcrowding queues to the prison pay phone were long, which made it difficult for the applicant to maintain regular contact with his family.
27.  The wash room, which was in a very poor condition, was located in a separate building at a distance from the applicant’s wing. The prisoners had to walk in the open to and from the shower room in all weather conditions. The prisoners had little time to dry themselves and to get properly dressed after taking a shower. Because of that they were particularly exposed to catching a cold while walking back to their quarters.
28.  From 8 until 10 January 2008 the applicant was committed to Lublin Remand Centre and assigned to cell no. 17 in wing IV. He was allowed to have a one-hour period of outdoor exercise per day. In the applicant’s submission, the living and sanitary conditions in the remand centre had not changed since his previous stay there.
29.  According to the official Prison Service’s statistics the overcrowding in Lublin Remand Centre was at 11%.
30.  From 10 until 31 January 2008 the applicant was detained in Rzeszów Prison. He was detained in cell no. 132 in wing I. The applicant submitted that he had slept on a mattress spread on the floor and that he had had no access to a doctor. He was allowed to make one phone call every eight days. The applicant went on hunger strike because, as he claimed, all his requests to be transferred closer to his home had been dismissed or ignored.
31.  According to the official Prison Service’s statistics the overcrowding in Rzeszów Prison was at the relevant time at 18%.
32.  From 31 January until 11 December 2008 the applicant was detained in Hrubieszów Prison. He was released home on the latter date.
33.  It appears that the applicant was assigned to cell no. 527 wing V. In his submission, the living and sanitary conditions in prison had not changed since his last stay there. The applicant’s cell was overcrowded and shabby. He was confined inside the cell 23 hours per day. He was entitled to one five-minute phone call every eight days.
34.  According to the official Prison Service’s statistics the overcrowding in Hrubieszów Prison ranged from 20 to 26% between January and May, was at the lowest 8% in June and October, oscillated around 9-11% from July to September and increased to 15% in December 2008.
35.  The applicant suffers from diabetes, prostate cancer and some cardiac disorders. In addition, during his imprisonment, he had been infected with dermatophytosis. He submitted that the medical care available within the penitentiary system had been insufficient.
36.  On his detention in Lublin Remand Centre he informed the authorities of his diabetes; however, as the Government submitted, he had initially refused to go on a special diet. Only after experiencing some health problems the applicant agreed to be put on a diet for diabetics. The Government submitted that in the initial phase of his detention in Lublin Remand Centre the applicant had been examined by a doctor and had undergone a series of necessary medical tests. On the other hand, he had never expressed a wish to have his sugar level tested on a regular basis and had never asked for a glucometer.
37.  In Zamość Prison the applicant was provided with medicine for diabetes. Between 7 August 2006 and 6 February 2007 he went 36 times to the doctor, including a general practitioner, a neurologist and an ophthalmologist. In this regard, the applicant submitted that the doctor practising in Zamość Prison had been a retired ophthalmologist without any general practice experience or any knowledge of the applicant’s particular disorders. Furthermore, the applicant maintained that he had not been supplied with a glucometer and that his sugar level had never been tested.
38.  The applicant claimed that during his detention in Rzeszów Prison in January 2008 he had had no access to a doctor whatsoever.
39.  With respect to Hrubieszów Prison the applicant submitted that even though the prison was listed as a facility suitable for incarceration of diabetics, the medical attention he had received there had been much worse than in the other detention establishments. He stressed that virtually no medical care had been provided to him there. His sugar level was never tested during his first detention in Hrubieszów Prison. It was tested twice during his second detention there. In addition, the applicant claimed that he had not received any medication or diet for diabetics.
40.  Lastly, the applicant made a general statement that the medical assistance provided to him in detention had not been sufficient. Despite his serious health condition he had been treated by the medical staff as if he suffered from a common ailment, such as a cold. Throughout the entire period of his detention the applicant administered his insulin injections without the assistance of a third person. He did so inside the cell where he lacked privacy and adequate sanitary conditions. That placed him in an awkward position vis‑à‑vis his fellow inmates. Due to the rapid changes of his sugar level he lived with the constant stress and fear of losing consciousness whenever he ran out of snacks. His medical condition worsened during each move to a new detention facility.
41.  The applicant filed numerous complaints with the administration of Lublin Remand Centre, Zamość Prison, the penitentiary authorities and the relevant prosecutors in connection with the conditions of his imprisonment and the medical care provided. He submitted that many of his complaints had remained without a reply.
42.  On 29 January, 12 and 15 February 2006 the applicant filed complaints about the inadequate medical care in Lublin Remand Centre. The Government, without providing any details, submitted that those complaints had been thoroughly examined and that one of them (concerning the sleeping area) had been considered justified and the applicant had been instructed about a possibility to file a civil action for compensation.
43.  On 17 February 2006 the Governor of Lublin Remand Centre (Dyrektor) responded to the applicant’s complaint about the insufficient medical care. He established that the applicant had had a medical check-up by an in-house doctor on the day of his arrival. It was further stated that the applicant himself had refused, in writing, to be put on a special diet and had never expressed a wish to have his sugar level tested.
44.  In a letter of 5 May 2006 the Governor of Lublin Remand Centre found the applicant’s new complaint about medical care to be manifestly ill‑founded. He stated that the applicant had been put on a diet for diabetics as soon as he had asked for it. Moreover, the applicant was examined by an in-house doctor and prescribed new medicines. The applicant was also informed that a medical consultation by a doctor of his choice outside the penitentiary system could be arranged at his own expense.
45.  On 26 March 2007 the Governor of Zamość Prison informed the applicant that his complaint about different aspects of his detention in that establishment had been considered ill-founded. It was noted that the applicant had been assigned to cell no.15 with a bathroom and a toilet. He had constant access to hot water and he shared the cell with one and, at times, with two inmates. It was also stressed that the applicant was supplied on a regular basis with insulin, syringes and needles. He had been seen on many occasions by an internist, a neurologist, a psychiatrist and an ophthalmologist. During the relevant time, the applicant did not raise any objection as to the adequacy of the medical care and treatment provided to him. He was administered the necessary medicines and he administered insulin injections himself whenever he considered it necessary. That was a typical course of treatment for diabetes. Moreover, the Governor pointed to the fact that the applicant had himself requested to be transferred to Zamość Prison because he had wished to complete a therapy for alcoholics there. Both Zamość and Hrubieszów Prisons were semi-open facilities and the same restrictions applied to the applicant.
46.  The applicant made numerous requests to the penitentiary court to be granted a short leave from prison. He was released once in 2007 for three days. He also complained about his frequent transfers between different cells or different detention facilities and, lately, of the conditions of his detention in Hrubieszów Prison. The applicant claimed that the authorities had found his complaints concerning Hrubieszów Prison ill-founded in the light of the fact that that prison was listed as a facility suitable for the incarceration of diabetics.
47.  The applicant did not bring a civil action in tort to seek compensation for the alleged infringement of his personal rights on account of overcrowding and inadequate conditions and the inadequate medical care provided to him during his detention.